Kenyan case law

Chairperson Kikuyu Dairy Farmers Co-operative Society Limited & 3 others v David Kiangonyo Kung’u [2019] KECPT 62 (KLR)

✦ An amount of Kshs. 50,000/= is reasonable for item 1 of the bill of costs.

Maurice Otieno Olunja v Kenpipe Cooperative Savings and Credit Society Limited [2019] KECPT 67 (KLR)

✦ The application is dismissed in its entirety with costs, and the parties are ordered to fix the matter for directions for hearing.

Kwa Matingi Famers Co-op. Society Ltd v David Kaloki Nganga & 4 others [2019] KECPT 44 (KLR)

✦ The application for interim injunction is granted with costs.

Nancy Wanjiko Kingori v Kussco Limited & another [2019] KECPT 52 (KLR)

✦ The application dated 4.6.19 has merits and is granted in terms of prayer 2 and 3.

Mek Sacco Society Limited v Samson Omondi Chilo & 6 others [2019] KECPT 65 (KLR)

✦ Application dismissed with costs

Ngara Gracious Savings & Credit Co-Operative Society Limited v Christine Wanjiru Kagundu [2019] KECPT 30 (KLR)

✦ The application is allowed, the judgment and decree dated 3.5.2019 are set aside, and the respondent is allowed to defend the suit.

Kenpipe Co-operative Saving and Credit Society v Daniel Githinji Waiganjo [2019] KECPT 61 (KLR)

✦ The court finds the instructions fees of Kshs.100,000 reasonable and taxes the bill of costs at Kshs.118,645.

Charles Murimi Mwenje v Fortune Sacco Limited [2019] KECPT 66 (KLR)

✦ The suspension of the claimant was not valid and there was no contempt of court. The applications are dismissed with costs.

Rwama Farmers Co-op. Society Ltd v David Munene [2019] KECPT 68 (KLR)

✦ Order the claimant to provide accounts of amounts recovered and the amount owing

Cecilia Njeri Mburu v Urithi Housing Co-operative Society Limited [2019] KECPT 63 (KLR)

✦ Judgment and all consequential orders are set aside, respondent granted leave to defend, costs awarded to respondent.

Margaret Wairimu Gacheru v Boots Sacco Ltd [2019] KECPT 55 (KLR)

✦ Application for leave to amend statement of defence granted.

David Mategwa v Kenya Union of Savings &Credit; Co-operative Society Limited [2019] KECPT 47 (KLR)

✦ The court finds that Mategwa was never eligible to be a board member due to non-compliance with the by-laws, and therefore dismisses the application.

Joseph Njuguna Kaguai & another v Amica Savings & Credit Ltd & another [2019] KECPT 41 (KLR)

✦ The application was dismissed as the respondents were not in default.

Patrick Meeme Lunge v NHIF Sacco Society Ltd [2019] KECPT 56 (KLR)

✦ We allow the application dated 20/6/2019 with costs and accordingly enter judgment in favour of the claimant against the respondent for Kshs.(646,500-20,500), Kshs. 626,000/ plus costs and interest in the suit.

John Chege & 6 others v Stima Sacco Co-operative Society Ltd [2019] KECPT 49 (KLR)

✦ The application is dismissed with costs to the 2nd respondent.

Danson Kidai Mwandoto v Kishushee Ranching Cooperative Society Limited & 4 others [2019] KECPT 57 (KLR)

✦ The court finds in favor of the claimant and orders the 1st respondent to pay the applicant's costs.

Paul Kirimi Mathiu v Universal Sacco Society Limited [2019] KECPT 38 (KLR)

✦ The interlocutory judgment is set aside, and the applicant is granted leave to file and serve a defence and counter-claim out of time.

Kenya Union of Savings & Credit Co-operative Limited v Maseno University Sacco Society Limited & another [2019] KECPT 64 (KLR)

✦ The application is dismissed with costs. The garnishee does not owe any money remittable to the claimant that can be levied to satisfy the decree.

Esther Heta Njoroge v Regency Sacco Society Limited [2019] KECPT 29 (KLR)

✦ The Management Committee as per section 28 of Co-operative Society Act are the governing body and are capable of being arrested and committed to civil jail for the debts of the society. The claimant is entitled to the fruits of the judgment issued on 24.1.19.

Muriithi Memeu v N.H.I.F Saving & Credit Society Ltd [2019] KECPT 42 (KLR)

✦ We find that the issues can be determined in a summary manner, and enter judgment in favour of the claimant for Kshs. 844,500/- plus costs and interest.

Msl Savings And Credit Co-Operative Society v Migori Teachers Savings And Credit Society Limited [2019] KECPT 24 (KLR)

✦ The court confirmed compliance with the orders and allowed the parties to proceed with written submissions.

Edwin Malomba Kioko v Makueni Transporters Sacco [2019] KECPT 23 (KLR)

✦ The Tribunal found that the sale of the vehicle was lawful and in accordance with the terms of the loan agreement. The vehicle's value cannot be claimed by the Claimant. The outstanding loan balance of Ksh. 404,882 is set off against the shares and deposits, leaving Ksh. 43,763 owing to the Claimant.

Carolyn Achieng Otieno v Luhano FSA Sacco Society Limited [2019] KECPT 25 (KLR)

✦ The application is allowed, and the Claimant is granted leave to re-amend the statement of claim. The 2nd Respondent is removed from the pleadings as an agent of the 1st Respondent.

Muindi v Masaku Teachers Society Limited (Tribunal Case 245 of 2014) [2017] KECPT 2 (KLR) (3 July 2017) (Judgment)

Nyangewa & 3 others v Gusii Mwalimu Sacco Society Ltd & another (Tribunal Case 25 of 2016) [2017] KECPT 1 (KLR) (15 June 2017) (Ruling)

✦ The preliminary objection is dismissed